What are the set livingrequirements for my common-law based permanent residence?

[swedenTOcanada]

Hi everybody. So me and my Canadian common-law partner managed to get a permanent residence card for me last September which was great! However the situation has now had a turn for the worse and we had a falling out. She is still willing to officially be my common-law partner on paper until i can apply for a citizenship but we do not live together anymore. I kept my official address shared with hers as of now but we are not really sure about the details for this. We obviously know that there is no right answer and that what we are doing is not an official way of doing this right but I really want to work my way to a citizenship which is only a year and a half away from my common-law based permanent visa, compared to restarting my process and move out of Canada.

Does anybody know what could possibly damage or what to think of to stay on top of the details and keep a low profile until this all blows over?
I am currently in my home country over the summer working and visiting family so I have yet to deal with the details back in Vancouver.

I need to find a new place to stay so can i sign another lease or do i need to find a friend that can take me in without signing papers? Or is the registered address the only thing that is connected to the government?


Anyway, I will keep this short but I truly appreciate any help I can get in this matter. Are there things I can do to improve my situation or even make it into a legal process somehow?


Thanks again,

Regards, Adam

 

[rhcohen2014]

when was the original PR application submitted to CIC? Providing this information will help know if "condition 51" applies or not.

 

[swedenTOcanada]

We applied in December 2012 and I got the permanent residence visa in September 2013 which means that the conditional measure only applies to permanent residents whose applications are received on or after October 25, 2012. So I officially have to "live" with my common-law for another year and two months...But perhaps I can still sign a lease somewhere else as long as my mailing address is still registered with her and that we do our taxes as common-laws?


It also mentions on the Backgrounder CIC website ...english/department/media/backgrounders/2012/2012-10-26a.asp that "If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown."

What does that mean technically? Does that mean that I am still allowed to live in Canada but she is financially responsible or how does that apply to the fact that we do not comply with the "The sponsored spouse must cohabit in a legitimate relationship with their sponsor for two years" part.

 

[canuck_in_uk]

We obviously know that there is no right answer and that what we are doing is not an official way of doing this right but I really want to work my way to a citizenship which is only a year and a half away from my common-law based permanent visa, compared to restarting my process and move out of Canada.

Hi

You are required to inform CIC of the relationship breakdown. Not doing so and pretending to still be living together is fraud.

Also, you may want to look at the new Citizenship Bill that will come into force next year. As you became a PR in Sept 2013 and are spending several months outside of Canada, you will not be eligible to apply for citizenship until at least the end of 2017

 

[rhcohen2014]

i don't think anyone really knows how condition 51 will be applied to PR requirements. I suspect if CIC ever receives a tip, and they investigate it will be difficult for you and your spouse to keep up appearances if you are not in a true and ongoing conjugal relationship. Lying about the situation IF it ever is investigated can lead to charges of misrepresentation. Whether this will actually happen is anyone's guess.

I suspect if you do intend to remain under the radar, you will be looking over your shoulder for a long time. I also suspect when you apply for citizenship, if you have been found lying about your situation, it will result in misrepresentation.

In regards to the sponsor's agreement. When she agreed to sponsor you, she signed a binding agreement that she is financially responsible for you for 3 years. This means if YOU as the PR ever apply for social assistance, your partner is on the hook to pay it back. I don't think it relates to consumer related debt.

 

[Alurra71]

You are subject to condition 51. Legally you are obliged to inform CIC about your relationship breakdown. If you do not and are caught you can be sure it will be classed as misrepresentation and you will likely be deported back to Sweden. It would also look negatively upon your former common law spouse if she were to ever try and sponsor again. She would have a flag on her file for misrepresentation for not informing CIC herself of the relationship breakdown.

I understand your desire to remain in Canada but the correct thing for you to do is to inform CIC about the situation and then let it go from there. Nobody is really all that well informed about how condition 51 works when a couple just has a natural breakdown of the relationship. The only time we have actually 'seen' this condition at 'work' is in regards to a MOC a few months ago where the spouse landed and moved to his girlfriends within 3 weeks. He was deported citing condition 51 as the reason.

It is possible they may not follow through with anything, and it is also possible you could be deported. It really is a choice for you, but remember, a tip can really get you into hot and deep water. Are you that sure that there isn't anyone who could 'tip' off CIC about the relationship breakdown? I personally would not wish to live my life looking over my shoulder.

 

[Ponga]

Couldn't have said it better myself Alurra71.

Unless the OP was the victim of abuse from his partner, he should think long and hard about this `fork' in his road!

 

[jack87]

Not only that, but according to CIC's newly updated operational bulletin on conditional permanent residency, CIC will do random checks in addition to responding to tips. I wouldn't risk it - right now it seems you are on good terms with your common-law partner, but if she were to become angry at you and seek some sort of vengeance, she could tip off CIC at any time.

 

[Alurra71]

Not only that, but according to CIC's newly updated operational bulletin on conditional permanent residency, CIC will do random checks in addition to responding to tips. I wouldn't risk it - right now it seems you are on good terms with your common-law partner, but if she were to become angry at you and seek some sort of vengeance, she could tip off CIC at any time.

There are also friends and relatives that are likely aware of the situation. There are just too many unknowns about it to risk it, if it were me. As much as I love being here, I would take my chances and call and just roll with whatever was the outcome.

 

[swedenTOcanada]

Thanks everybody for your replies and comments. This is truly a heart wrenching moment for me and I did fear and probably knew in my heart that this is better to be honest about. Considering all the hard work leading here and even though, from a distance, it seems like I could get through this in no time, in reality it will be an extensive period and I will have to tip toe around everything I do from opening new bank accounts to signing leases along with anything else that usually is dealt with as a couple.

Just to be clear, is there an official reaction to calling in and updating them on the relationship breakdown, should they in theory tell me to leave the country asap or are there options that will allow me to rework my conditions towards a temporary solution for staying? The time we considered maintaining our relationship status for was the 2 year period of the sponsored PR status requirement which,in September, only has one more year left until I am an independent PR holder, then I can wait for my citizenship requirements to go though not being dependent on my partner.


As to the time spent outside of Canada, I've been in Canada since September 2008 so according to the cic home page all those previous days spent in Canada before getting the residence card can be counted as half days which takes off quite a few months of my total waiting time. I will only be in Sweden for about three months now, returning to Canada on the 2th of August, staying way within my limit of days spent outside of Canada within a 3 year period. Still, I am not sure if any of this matters in the end since I will have to inform CIC and just roll with the punches I guess.

I am on good terms with my Ex-common-law at the time and we are still not sure what is going on and how bad this really is yet (still loving each other but having enough differences to break up and not talk until august, hoping that things will change) but if I know her well enough I dont dare to hope for any happy endings to this story unfortunately. The though of going through the next couple of years being forcefully bound to each other and dealing with mail and relationship details could possibly be the hardest thing emotionally that Ive ever had to endure.

So a lot of thoughts, fears, emotions, hopes and feelings to all of this.


Should I simply contact CIC and update them on the situation by the time i get back in a month time or should I call earlier? I do not have contact at the moment with my ex-partner but I will meet up with her in Sweden in early August, maybe then is a good time to bring this up and tell her about my choice to come clean with this situation.

Thanks for the inputs, concerns and thoughts.

Any additional comments are more than welcome, the clearer this decision feels and the more reasons for me to do this and nothing else, the better.

Thanks again everyone.

 

[steerpike]

"If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown."

This line is from the pre-condition 51 days. Back then, you could get your PR and leave your "common law partner" the next day and still keep the PR but the spomnsor wpould be responsible if you ever went on welfare for the next 3 years.

Now, since the PR can be revoked at any moment in the first 2 years, sponsors are only really on the hook for that last year if you went on welfare (after living together for 2 years as a PR).

It's a huge burdon lifted off the Canadian sponsor. They can now feel free to sponsor anyone they wish with pretty much absolute impunity if anything goes wrong down the line. And it has placed all the risk at the feet of the PR, who now has to give up his/her old life with no reassurance he/she will be allowed to remain in Canada, even after getting the PR.

 

[canuck_in_uk]

As to the time spent outside of Canada, I've been in Canada since September 2008 so according to the cic home page all those previous days spent in Canada before getting the residence card can be counted as half days which takes off quite a few months of my total waiting time. I will only be in Sweden for about three months now, returning to Canada on the 2th of August, staying way within my limit of days spent outside of Canada within a 3 year period. Still, I am not sure if any of this matters in the end since I will have to inform CIC and just roll with the punches I guess.

As I said, you need to read about the new Citizenship Bill. At this point, under the current laws, you will not qualify for citizenship before the new bill is implemented. It will come into effect next year and at that point, your pre-PR time will no longer count and the residency requirement increase from 3 years to 4 years.

Your 4 year "citizenship clock" will start from when you first became a PR. Given that and your absences, you will not qualify for citizenship until at least the end of 2017.

 

[swedenTOcanada]

As I said, you need to read about the new Citizenship Bill. At this point, under the current laws, you will not qualify for citizenship before the new bill is implemented. It will come into effect next year and at that point, your pre-PR time will no longer count and the residency requirement increase from 3 years to 4 years.

Your 4 year "citizenship clock" will start from when you first became a PR. Given that and your absences, you will not qualify for citizenship until at least the end of 2017.

I read up on that now and you are right, it states that "The changes require that permanent residents be physically present in the country for longer than before, in order to gain citizenship. Under the old rules, permanent residents had to be living in Canada for three out of four years. Now, they must be physically present for at least 183 days during four out of six years before their application."

This however isnt my biggest concern, i dont mind living in Canada longer until I get my citizenship. My worry is this last year of required stay with my common-law partner and what will happen if i come clean and tell CIC about this situation. Will I be sent back or do I have a chance to be able to stay anyway or is it, even if its illegal, worth trying to make this last year pass under the radar as a last resort to being able to stay.

I truly dont have many options, I am just wondering if I still have a chance if I am honest with CIC or if I am done for and have to restart my efforts into living in Canada, with my current 6 years going to waste since it will take a long time to put together a new application applying solo from abroad.

Is it really that risky, since I am on good terms with my ex-common law, to try to manage to make this year pass as offical common-law partners?


If it was you, would you just come clean, hope for the best and start over if you where so close to having your PR card safe and sound.

 

[swedenTOcanada]

...Are you that sure that there isn't anyone who could 'tip' off CIC about the relationship breakdown? I personally would not wish to live my life looking over my shoulder.

I cant think of anyone that could possibly have any interest in doing so, and again, I want to emphasize that I may not have needed to mention to much my efforts in trying to get a citizenship. The main focus at this point is to last through the first 2 year requirements so that my permanent residence status is fully within my control. I have all the intention of staying and working in Canada if I can for as long as it takes, the Citizenship is a later issue. I just cant imagine going back to live in Sweden permanently after having my whole live in Canada.

 

[Ponga]

Well, if you decide to follow through with your plan, by pretending that you're still living together, make sure that your former partner has plenty of your belongings in her home...in case CIC does a `spot check'.

If they show up and want to look around and find little, or none, of your belongings in what is supposed to be your shared home...THAT will be a bit of a problem.


While I personally can't condone deceiving CIC, I also can't criticize you for choosing to do so.